No. 11, original.

324 U.S. 439 (1945)


Supreme Court of United States.

Decided March 26, 1945.

Attorney(s) appearing for the Case

Mr. Ellis Arnall, Governor of Georgia, with whom Messrs. T. Grady Head, Attorney General, Marshall L. Allison and Claude Shaw, Assistant Attorneys General, and Edgar Watkins, Deputy Assistant Attorney General, were on the brief, for complainant.

Mr. John Dickinson, with whom Messrs. Anthony P. Donadio, K.L. Richmond, W.T. Pierson, Thomas P. Healy, D. Lynch Younger, E. Randolph Williams and Carleton S. Hadley were on the brief, for the Pennsylvania Railroad Co. et al.; Mr. George S. Leisure, with whom Messrs. Ralstone R. Irvine, Robert W. Purcell, James V. Hayes and Theodore S. Hope, Jr. were on the brief, for the Chesapeake & Ohio Railway Co. et al.; Mr. Sidney S. Alderman, with whom Messrs. Thomas W. Davis, J.H. McChord, Vernon W. Foster, Elmer A. Smith, J.N. Flowers, William H. Swiggart and S.R. Prince were on the brief, for the Southern Railway Co. et al.; and Mr. W.R.C. Cocke submitted for the Seaboard Air Line Railway Co., defendants.

Attorney General Biddle, Solicitor General Fahy, Assistant Attorney General Berge, Messrs. Edward Dumbauld, Edward P. Hodges, Sigmund Timberg and Arne C. Wiprud filed a brief on behalf of the United States, as amicus curiae, supporting the complainant.

MR. JUSTICE DOUGLAS delivered the opinion of the Court.

The State of Georgia by this motion for leave to file a bill of complaint1 seeks to invoke the original jurisdiction of this Court under Art. III, § 2 of the Constitution. See Judicial Code § 233, 28 U.S.C. § 341. The defendants are some twenty railroad companies. On November 6, 1944, we issued a rule to show cause why Georgia...

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